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A defendant shall be punished by imprisonment for not more than ten months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
"2015 Highest 971"
1. On August 2012, the Defendant against the victim D made a false statement to the victim D, stating, “Any money is required to operate the Internet sports earth site in the mutual influences of Eunpyeong-gu Seoul Metropolitan Government, and any money is KRW 100 million to B, if the Defendant made an investment of KRW 50 million, the Defendant would pay KRW 5 million as monthly income and guarantee the principal and interest of the investment, etc.”
However, in fact, the defendant did not have the intent or ability to pay profits by operating the Internet sports entertainment site and planned to use the money received from the victim for personal purposes, such as repayment of debts, and there was no intention or ability to pay profits even if he received investment money from the victim.
The Defendant, as such, by deceiving the victim, received a total of KRW 27 million from the victim on November 16, 2012, including KRW 12 million, around November 25, 2012, and KRW 15 million on November 25, 2012, as an investment deposit account in the name of the Defendant.
2. On January 2013, 2013, the Defendant made a false statement to the victim, who received a telephone from the victim E at a non-permanent and non-permanent place on the first and fourth day of January 2013, stating that “I would pay money upon request from the victim who received the money from the victim E”.
However, the defendant was planned to use the money received from the victim for personal stock investment and living expenses, etc., and there was no intention or ability to pay profits even if he received investment funds from the victim.
The Defendant, by deceiving the victim as such, was delivered to the Defendant’s account in the name of F, a woman of the Defendant as an investment deposit amounting to KRW 14 million around January 15, 2013 from the victim.
The Defendant of the 2015 Highest 1018 [2015 Highest 1018] refers to the Victim G at the frequency of mutual influence within the Goyang-si, Goyang-si in February 2014.